CASE #001E – The Russian Federation v. Luxtona Limited
Ontario – Appeal under UNCITRAL Model Law from arbitrator’s jurisdiction ruling is a de novo hearing on which parties may submit new evidence as of right
Welcome to Arbitration & Business Cases
Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.
While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.
In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.
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CASE #003E – Star Woodworking Ltd. v. Improve Inc.
Ontario – Multiplicity of proceedings not a basis to refuse a stay of action in favour of arbitration. This case considered whether the Court should stay four actions under s. 7(1) of the Arbitration Act, 1991 (“Arbitration Act”) pending the disposition of a condominium dispute arbitration. Justice Myers noted that the condominium corporation was a necessary party but really “a bit player”.
CASE #004E – Corner Brook (City) v. Bailey
Supreme Court of Canada - There is no special rule of contractual interpretation that applies only to releases. A release is a contract to which the general principles of contractual interpretation apply. Standard of appellate review based on correctness requires an extricable error of law.
CASE #006E – Leon v Dealnet Capital Corp.
Ontario – Where a valid arbitration agreement existed, defendant was entitled to stay of action even after defending and serving counterclaim – A stay should not be refused on the basis that the arbitrator may have to grant a statutory remedy under OBCA, s.248.